Worker Misclassification

About Misclassification

Kansas employers are required to report wages to the Department of Revenue and the Department of Labor for the purposes of withholding tax, unemployment tax, and workers compensation. If an employer intentionally
classifies a worker as an independent contractor to avoid paying these taxes, there is help available now because of a new law that protects workers and taxpayers.

Misclassifying employment in Kansas harms workers, the business community and Kansas taxpayers.

If If you are unsure whether people working for your business should be classified as an employee or an independent contractor, be sure to visit our Frequently Asked Questions page. You can also
contact the Kansas Department of Labor (KDOL) for help with questions about worker misclassification. You can reach KDOL at
(785) 296-5000 x2725 or online at KansasEmployer.gov.

A brochure is available on Employee Misclassification in English and
Spanish versions.

Penalties

Intentional misclassification of workers is illegal and constitutes tax and insurance evasion. Employers engaging in this practice may be subject to significant penalties and fines. Kansas law outlines the employer
penalties, ranging from monetary fines to criminal charges, for intentionally misclassifying workers. Penalties are determined based on the facts in each case.

There are penalties under both Unemployment and Workers Compensation laws. These penalties are further defined in the following statutes: